Senator Mark R. Christensen

Letter Back Home

2-10-12

The 2012 Legislative session is nearly half over and the Speaker of the Legislature has asked for priority bills to be submitted. The deadline is by adjournment Thursday. This past week Legislative Bill 540 was debated and advanced on the floor and I would like to focus my letter back home on this bill.

LB 540 was advanced with Amendment 1729 to select file for further debate this past week. LB 540 is a bill that the Health and Human Services Committee introduced, if passed, it would require the Department of Health and Human Services to apply for a Medicaid waiver to extend family planning services to Nebraska Medicaid recipients whose income is above the current eligibility qualifications.

The HHS committee introduced this bill in light of several other states that have applied for a Medicaid waiver and claim a significant cost savings to their States budget. It is believed that such a waiver leads to the state paying for less unplanned births and prenatal care, in turn the savings being put towards Family Planning Care. In looking to provide solutions to Nebraska’s budget, many supporters contend that this will maximize family planning for women in Nebraska and decrease pregnancies and abortions. However, another concern is that such a bill would allow more funding for clinics that promote abortions.

I am not supportive of the original bill but I supported the attached amendment. Amendment 1729, introduced by Senator Tony Fulton, that was added to the bill and ensures that any funds received shall not be used or spent in any way to contract with any entity that performs or promotes elective abortions. Any organization that makes an overwhelmingly majority of their profits off of procedures that degrade the sanctity of life, I do not support and I will not support a bill that allows increased funding to such an entity.

I look forward to future floor debate with my bill LB 786, which is scheduled for debate sometime this week. LB 786, is a bill that will change forfeiture of office provisions for city council members in cities with city managers form of government. Other upcoming hearings for bills that I introduced include:

• LB 950, which Changes crediting provisions relating to reimbursement of certain assistance to natural resources districts as prescribed on February 15^th.

• LB1126 – Provides and change extraterritorial jurisdiction of a village on February 14^th.

• LB1125 – Changes provisions relating to natural resources district occupation tax on February 15^th.

• LB1127 – Changes provisions and penalties relating to issuing or passing a bad check or issuing a no-account check on February 16^th.

Questions or Comments? Contact myself or my staff at Senator Mark R. Christensen, PO Box 94604,Lincoln, Nebraska 68509, 402-471-2805.

 Senator Mark R. Christensen

Letter Back Home

2-3-12

On Thursday, February 2, 2012 Speaker Mike Flood of the Nebraska Legislature announced that Session would end early on Friday the 3^rd, due to the upcoming threat of extreme weather conditions. Hearings that were to be heard that afternoon have been rescheduled to have their hearings on Monday February 13, at 9:30 a.m. If you are ever planning on attending a hearing or an event at the Legislature, I encourage you to check the legislative schedule for any changes or cancellations. This week I would like to touch on two bills that deal with tweaking Nebraska Statute revolving around healthcare services, LB 646 and LB 677.

A bill I introduced, LB 646, was debated and passed on Monday, February 6^th. LB 646, is a health care related bill that changes the definition of emergency medical service from “immediate medical care” to “ medical care”. Currently Emergency Medical Service is defined as a an organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. Removing the word immediate will better reflect what they are doing now, which includes non-emergency settings. There are many instances when volunteer and paid EMS worker’s are on duty or on call at sporting events, hospital/nursing home transfers etc… and are ‘technically’ not responding to someone that may need “immediate medical care.” My bill would remedy the use of ‘immediate’ and prevent a EMS worker from potential liability.

LB 677 is a bill Senator Steve Lathrop has introduced and was debated on the floor this past week as well as advanced to select file. LB 677, in accordance with the Judiciary Committee amendment AM 1704, increases penalties for assault on a healthcare professionals while the health care professional is engaged in the performance of is or her official duties. AM 1704 redefines Health Care professional as “a physician or other healthcare practitioner who is licensed, certified, or registered to perform specified health services constant with state law who is practicing at a house or health clinic.” A sign requirements is also provided which warns of mandatory imprisonment upon an assault of healthcare professional while performing his or her official duties. Despite the invigorating floor debate regarding the imperfections of the bill, it does seem to hold some validity in protecting healthcare professionals that may be harmed by not only patients but family and friends in a health service setting. I intend on supporting this bill and look forward to the future debate of the bill.

Questions or Comments? Contact myself or my office at, Senator Mark R. Christensen, PO Box 94604, Lincoln, NE 68509, 402-471-2805.

It is that time of year again! The 2^nd Session of the 102^nd Legislature has had its first full week of session with committee hearings set to begin the week of January 16^th. It has been a slow start to the session, therefore I am looking forward to what the upcoming weeks will hold. I am happy to be back in Lincoln and look forward to representing my constituents in the 44^th District.

Last week the Nebraska Legislature had the privilege of listening to Governor Heineman’s State of the State address. Among the Governor’s many challenges this year, he has proposed to focus some attention on fixing the child reform issue that has plagued our State for several years. As many of you know, my family has personally experienced the downward spiral of the state’s child welfare system with its move toward privatization. I was pleased to hear Governor Heineman acknowledge his interests in improving a system which has long had problems in the State of Nebraska. Improving the child welfare system in Nebraska should be a priority.

In addition, Governor Heineman has proposed several tax cut measures for Nebraska citizens, one of them being a cut on the inheritance tax. From what I’ve seen so far the tax cuts look like positive steps forward for Nebraskans.

Lastly, I would like to reflect on Senator Carlson’s Legislative amendment that he introduced, LR 358 CA, this amendment would allow Senator’s to serve three consecutive four year terms instead of two. I look forward to debating this amendment when it reaches the floor. Over the last five years I have recognized the extensive amount of time and experience one needs in order to tackle the important issues that need to be addressed. Two terms does not appear to be an effective amount of time for a senator to get the experience needed in order to pass quality legislation and make positive changes for the citizens of our state. Please let me know your thoughts on this issue.

I look forward to sharing my carry over and newly introduced bills in future letters and remember to contact myself or my staff if you have any questions or concerns. Mark R. Christensen, PO Box 94604, Lincoln, NE 68509. 402-471-2805 or mchristensen@leg.ne.gov.

Senator Letter Back Home

101^st Legislation, Second Session

03-22-10

The winds of change are a blowing in the Legislature.

Last week, LB 1048, which allows for the development of private wind and other renewable energy for export to other states advanced to the second round of debate on the floor of the Legislature.

The Natural Resources Committee amendment was adopted, which became the bill, and another amendment filed by Sen. Langemeier to allow new certified renewable export facilities to negotiate power purchase agreements with public utilities advanced with a 41-0 vote.  LB 1048 advanced to Select File with a strong 44-0 vote with my support.

Wind and renewable energy ideas have been in development for several years and it was good to see all the hard work payoff with enough problems resolved to begin allowing the investment and development in large-scale wind and other renewable energy generation for export.  I believe it will be good for rural Nebraska.

Introduced by the Natural Resources Committee, Legislative Bill 1048 provides a way for the exportation of renewable energy, like wind, without influencing public power and ratepayers.  It defines certified renewable export facilities as facilities that:

• Use Solar, wind, biomass or landfill gas to generate electricity;
• Are constructed and owned by a private entity; and
• Have made power purchase agreements of initially 10-years or more for sale of at least 90% or more to customers outside of Nebraska

New facilities would apply with the Nebraska Power Review Board.  They can receive a conditional approval by meeting the definition of a certified renewable export facility, and provide public benefits like including economic development.  Final approval comes with a few more agreements and the new facility is determined to have no materially detrimental effect on rates paid by ratepayers.  In other words, it does not harm Public Power.

One of the major issues that had to be worked out was the authority of public power utilities to use eminent domain that was put in place when public power came into existence.  An approved certified facility would be exempt from eminent domain, but if they failed to meet the requirements, a motion could be filed with the Power Review Board to decertify them.  Such a facility would have a year to be certified again, or they would be open to eminent domain by public power.

LB 1048 would exempt real and personal property used directly in the generation of electricity using wind as the fuel source.  Instead, the bill establish a nameplate capacity tax of $3,518 per megawatt of energy produced for an approved facility, but exempt turbines owned by government entities, cooperatives, and net-metering customers.  This nameplate capacity tax would be redistributed to those who would have normally received property tax revenue.

Nebraska is one of the top 10 windiest states in the nation; we should be moving forward with wind development.  I believe this is a great step forward in promoting economic development while at the same time protecting public power.

If you have any questions, comments, or concerns regarding this bill or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

03-15-10

All over Nebraska, the deer population has been increasing significantly for the past several years.  In many areas, the damage done to crops being eaten by deer and the damage to vehicles after hitting a deer is very costly.  That is why I am hopeful that Legislative Bill 836, introduced by Sen. Lautenbaugh, which makes changes to our game law to help decrease our deer population, will continue to advance through the Legislature.

The bill advanced last week from the first round of debate to Select File with a 34-0 vote.  The committee amendment, which replaced the introduced copy and became the bill, made several changes.

First, is allows the Game and Parks Commission to extend an existing deer hunting season for deer depredation.  Permits issued under this provision would specify which species of deer, what the bag limit would be, and the dates for the beginning and end of a depredation or extended season.  The bill would also allow any weapon legally used during a normal season to be used during a depredation season.

LB 836 would get rid of three current requirements under this same section of law.  It eliminates the requirement that the permits be issued beginning no less than three days from the season announcement, that only one deer per permit be allowed, and that landowners be reimbursed for half the cost of the permit for proof of a lawfully killed deer.

Second, a new requirement that income from depredation permits be used to help pay for abatement of damage caused by deer was included in LB 836.  The bill also provides for unlimited free permits for the taking of antlerless deer for immediate family of landowners who own at least 20 acres of farm or ranch land within any depredation area designated by Game and Parks.

I hope that these new provisions will help reduce the damage caused by Nebraska’s overpopulation of deer.

Finally, an amendment by Sen. Louden was adopted that establishes a depredation permit system for mountain lions that are killing livestock or poultry.  The commission is required to confirm that a mountain lion caused damage, and then they can issue you a free depredation permit.

If you have any questions, comments, or concerns regarding this bill or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

2-15-10

Last week, we began debate on priority bills.  Senators have until this Friday to designate one bill as their priority for this session.  This Friday is also the deadline to request speaker priority bill designations from Speaker Mike Flood.

This week, I would like to discuss LR 292, introduced by Sen. Fulton, and LB 1102 introduced by Sen. Giese.

Legislative Resolution 292 is a resolution, which memorializes the Congress of the United States to adhere to the principles of Federalism expressed in the Ninth and Tenth Amendments of the United States Constitution.

The Ninth Amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Many people are very concerned about what they are seeing coming out of Washington, D.C. lately.  For example, the takeover of GM, the stimulus package that burdened the next generation with an enormous amount of debt, the bailout of banks, and most recently, this administrations attempt in their healthcare reform to take over a large sector of the economy and mandate health coverage, powers never given to them in the Constitution.

I see this as a very serious issue that needs to be addressed by the states.  This resolution is a good start on our road to restore the proper Constitutional balance between the Federal Government and the states.  LR 292 will be heard in the Government, Military, and Veteran Affairs Committee on the afternoon of Friday, February 19.

Legislative Bill 1102 is a bill that would allow what supporters call Instant Racing Terminals at current licensed horseracing tracks in the state.  The Judiciary Committee heard this bill last Wednesday.  These machines would allow you to bet on historic horse races in a video gaming format.  This is the third bill since 2005 to propose pari-mutuel wagering on historic horse races.

There are many concerns with this bill.  One being the expansion of gambling in Nebraska, which the people of Nebraska have defeated each time it has been put before them.  Another concern is the nature of these machines, which closely resemble video slot machines, with the ability to make two bets per minute.

In addition, other states, such as Maryland and Wyoming, have concluded that Instant Racing Terminals are not pari-mutuel wagering as they have been pitched.  My personal opinion is that they have a lot in common with video slot machines.  This brings into question what type of gambling we would really be expanding and, whether it is legal under our current laws.

However, the largest concern I have is how this will affect Nebraska families.  The addictive nature of video gaming is well documented, causing bankruptcies and the destruction of families.  It my opinions that the gambling industry preys on those who can least afford it and state legislatures use it as a way to tax those same people.  Video gambling is not what Nebraska needs.

If you have any questions, comments, or concerns regarding bills or any other issue, please call my office at 402-471-2805 or for more information.  You can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

2-8-10

By Thursday of this week, we will have finished the 25^th Legislative Day of a 60-day session.  The Legislature will have a recess day this Friday, allowing senators four days back home in their Districts, including Presidents Day on Monday the 15^th.

Last week, the floor debate was dominated by LB 200, which would change motorcycle helmet requirements by allowing the freedom for operators 21 and older to choose to ride with or without a helmet.  The bill makes enforcement of this section a secondary action, similar to our seatbelt law.

Moreover, the bill requires eye protection for a motorcycle rider, which shall be glasses, a protective face shield, goggles, or a windshield on the motorcycle.  Lack of eye protection would be a primary action for law enforcement.

This is the second time since I have been down here that a bill to allow motorcycle operators the choice to wear a helmet has been debated on the floor of the Unicameral.  It is always a lively debate.

Last week, amendment AM1720 to LB 200, brought by the introducer, was adopted.  It required additional medical reimbursement insurance of at least $1 million upon the registration of the motorcycle.  In addition, the amendment put in place a five-year sunset on the helmet sections of the bill, so that an evaluation of the effects of allowing certain motorcycle operators the choice to wear a helmet or not could be studied.

A floor amendment to add a requirement for long-term care insurance for all operators was adopted then reconsidered after the body was further informed that such insurance would be too costly of a requirement for a large portion of operators.  A motion to bracket the bill (postpone debate) to February 9, prevailed, to workout concerns from interested parties.

While I understand and respect the views on both sides of the debate, I have come down on the side of freedom to choose the risks we take; we do this in so many other areas of life.  The costs of motorcycle accidents are still dwarfed by all other motor vehicle accidents.

Government’s primary job is to provide order and structure within society, to restrain evil, and protect people from harming others.  Helmets do not prevent accidents; they are the protection of last resort for an inherently dangerous activity.  Thirty states provide some form of helmet choice for adult or trained riders.  We are an island among our neighboring states, only Missouri has a mandatory helmet law similar to ours.  I believe it is reasonable to adopt some form of helmet choice and review it after five years.

If you have any questions, comments, or concerns regarding bills or any other issue, please call my office at 402-471-2805 or for more information.  You can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

2-1-10

Is it February already?  Things always seem to go faster during a short 60-day session and this one is no exception.  By the end of this week, we will be done with a third of the 2010 Session.

Last Thursday, my LB 893 was heard in the Revenue committee.  It was another attempt to provide an additional process to get unconstitutional taxes back to the taxpayers in the district and for similar situations in the future.  It was modeled after last year’s LB 681, but limited it to unexpended funds and provided clearer language that taxes could also be refunded by satisfying a levy.  Several senators on the committee are not very supportive of the bill, so the chances of it advancing are unclear.  However, I will continue to work to find a solution to the tax refund issue.

This week I have four bills being heard in committees.  On Wednesday February 3, the Natural Resources Committee will be having a public hearing on LB 862 and LB 932.  LB862, the occupation tax fix, would change similar language that the district court said was closed class language during the litigation of the LB 701 property tax.  The new language would allow any Natural Resources Districts (NRDs) in a river basin, which a majority of NRDs use well metering controls would be authorized in LB 862 to issue riverflow enhancement bonds that could be paid back with proceeds from the current occupation tax.

LB 932 would provide forgiveness of the $8.7 million loan from the state that the NRDs received in 2008 to help pay farmers for the surface water they did not use to help get us in compliance with Kansas in 2007.  If compliance is a state issue and the NRD revenue sources are unable to be used or taken away, then the NRDs should not be obligated to repay the money.

On Thursday February 4, the Judiciary Committee will hear LB 889 and LB 1033.  LB 889 seeks to strengthen and clarify our self-defense laws by putting in place the Castle Doctrine.  LB 1033 would clarify the preemption statute for a Concealed Handgun permitholder by not allowing local registration ordinances, such as the City of Omaha’s, to apply to a Concealed Handgun permitholder.

Another bill introduced this year, which I support, is LB 1103, the Abortion Pain Prevention Act.  Introduced by Speaker Flood, it is a bill certain to cause controversy.  The bill seeks to prohibit late-term abortions and seeks to prevent Dr. LeRoy Carhart of Bellevue from making his clinic the primary provider of late-term abortions in the region.

LB 1103 would prohibit abortions of an unborn child at the gestational age of 20 weeks or later.  This is because substantial scientific evidence now exists that an unborn child can feel pain at this stage of development, and the state has a vital interest in preventing that pain.

Besides prohibiting abortions on unborn children twenty weeks or more in gestational age, it requires reporting.  It would require new reporting from abortion providers on the determination of gestational age, method used for abortion, reasons and methods of any emergency abortion or late-term abortion, and a requirement that Health and Human Services create an annual public report of this information.

In addition, LB 1103 would create new causes for unprofessional conduct, causes for civil action, injunctive relief, and criminal penalties for knowingly violating the act.

I definitely do not want to see Bellevue become the next “Wichita” of late-term abortions.  I hope we can move this bill out of the Judiciary Committee and get it before the whole Legislature to debate.

If you have any questions, comments, or concerns regarding these bills or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

1-25-10

While the Legislature is in session, I hold two conference calls every week.  One of the calls is on Tuesday, for the western end of District 44, and the other call is on Thursday for the McCook Area Chamber of Commerce.  Last Thursday, part of the discussion during the call was on the last bill I introduced for this session, Legislative Bill 1052.

LB 1052 is the Agricultural Production and Economic Stability and Assistance Act.  It would redirect the current state sales tax revenue generated within two and half miles of any river, stream, or tributary (the Department of Natural Resources rapid response area) of the Republican River Basin to eligible Natural Resources Districts (NRDs).  These funds would be for managing water resources and the augmentation of water supplies for the economic stabilization of agricultural production.

Unfortunately, the headline for the January 21 article discussing the Thursday conference call in the McCook Daily Gazette online version implied that this was a new water tax.  It is not a new tax, but a “kickback” of your current sales taxes you pay the state of Nebraska.

You may be asking, why I would introduce such a bill?  The reason is to object to another bill, and at the same time, make a point about the mixed up priorities of the state.

The bill I am objecting to is LB 779, which will expand the current Convention Center Facility Financing Assistance Act, or better known as the “Quest Center Kickback Act.”  This bill would allow Omaha to keep even more of the state sales tax revenue generated around the Quest Center, whose primary purpose is entertainment, to help pay it off.  The Convention Center Facility Financing Assistance Act is what I modeled my bill, LB 1052 after, in hopes to make a strong point about real state responsibilities and priorities.

I believe LB 1052 addresses a real state interest and responsibility, compliance in the Republican River Compact and the economic stability of agricultural production in southwest Nebraska.

Now, I have nothing against Omaha looking for innovative ways to improve their City and create economic opportunities.  However, when the State’s responsibility in the Republican River Basin becomes a lower priority than entertaining eastern Nebraska and western Iowa, I have a problem with it.

What is good for the goose is good for the gander, right?  If economic health and growth is important in Omaha and Lincoln and the state wants to fund it, then it had better be important in the Republican River Basin where there is a real state interest, and where agricultural production, which is the lifeblood of the area, could take a big hit.

The likelihood of success for LB 1052 is slim.  However, I believe it can be used as a good tool to remind the state of its mixed up priorities and the serious economic situation the Basin could be facing.

Side note, Thursday, January 28, at 1:30 p.m., I have LB 893 in the Revenue Committee for its public hearing.  This bill would allow for the refunding of real or personal property taxes, occupation taxes, or assessments that are declared unconstitutional without having to file a claim.  This would include the property tax from LB 701.

If you have any questions, comments, or concerns regarding these bills or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.

Senator Letter Back Home

101^st Legislation, Second Session

1-14-10

Nebraska’s 101^st Legislature has convened for 2010 and we are approaching the third week of the second session.  Up to now I have had six new bills introduced and ten bills that have carried over from the first session.

A few of the bills that I have introduced to date are first, LB753, a bill that several people approached me on.  Currently the qualifications for an individual to be appointed a Superintendent of Law Enforcement and Safety Patrol for the State Patrol are a minimum four years of experience, which is less than the rank of Sergeant.  This bill will increase the recommended qualifications in an individual to be eligible for appointment to this position and increase the quality of Superintendents of Law Enforcement and Safety Patrol for the State Patrol in the future. Additionally, this bill will be heard by the Government Affairs Committee on January 20 and is open to the public.

Another bill that I introduced is LB889, which is what I refer to as the “Castle Doctrine” bill.  This bill changes provisions relating to the justification for the use of force.  Simply, the heart of the bill creates a presumption that an individual who uses deadly force to defend themselves or others in their home, place of work, or vehicle was reasonable in their belief that immediate use of deadly force was necessary.  This puts the burden on a prosecutor to prove that the evidence is nonexistent and the belief that deadly force was necessary was not reasonable.  This strengthens the protections of the defender if he or she should be taken to court. 

The bill would also abolish any civil remedy for anyone that broke into a home and was shot, and the homeowner was justified or presumed reasonable in his or her conduct.  Currently, even if you were found justified in your self-defense, the criminal could still bring a civil suit if, for example, he were paralyzed by your shooting him.

In addition, LB 889 removes out of the current law the requirement to retreat in certain situations and other impractical requirements.  Our current law is very complex and hard for most residents to understand what exactly their rights are when defending themselves.  I hope my bill can bring some clarity to our self-defense laws, while giving our homeowners and business owners the benefit of the doubt when, God forbid, they have to use deadly force to defend themselves.  I look forward to the outcome of this bill that has already generated a significant amount of support and little backlash.

Lastly, LB 896 is a bill that provides a permit for vehicles that exceed the weight limit when transporting livestock; it would allow, when transporting livestock, to exceed a maximum weight by two percent and cannot exceed twenty thousand pounds on any single axle. It is difficult for a farmer or rancher that does not own/have scales to guess an accurate weight of their livestock when they have sold them and are loading them for transportation to market, thus resulting in multiple fines and frustration.  I also know that the Department of Transportation is merely following the laws. I am looking forward to what the committee brings to this bill and the response it gets. 

Lastly, some of my carry over bills to look for during the session include;

• LB6 authorizes school permit holders to drive to work,
• LB19 changes marriage license fee provisions and provides for marriage education,
• LB443 provides for the regulation of adult and sexually oriented businesses,
• LB444 adopts the Escort Services Accountability and licensing Act,
• LB646 adopts the Livestock Growth Act
• LB648  states an intent relating to finding for a highway-related study
• LB650 authorizes the operation of minitrucks on public highways
• LB652 changes the Enhanced Wireless 911 Act.

If you have any questions, comments, or concerns regarding these bills or any issue please call my office at 402-471-2805 or for more information you can view my legislative website at http://news.legislature.ne.gov/dist44/.